Law

Legal Issues

The law has not kept up with technology but the courts and congress are trying.  We will do our best to keep you updated on what we think are the most important current cases in digital workplace.  Some of these cases are criminal cases but we believe that they have an impact on all civil and criminal cases involving technology and the monitoring of an individual.

E-Discovery

Electronic Discovery (E-Discovery) is used by the parties to a law suit, an administrative hearing or an arbitration.  In federal and state courts there are rules that specifically require the parties to disclose electronic information that is relevant to the law suit.  This electronic information (data) may be stored on a computer hard drive, a flash drive, an e-mail, a cloud, etc. 

A majority of all company information is stored electronically.  Data storage is therefore important for three basic reasons:  protection of corporate assets and customer information; storage costs; and the ease of data retrieval.  Therefore a data retention policy (where and how long a company stores its data) is no longer an option but rather a fiduciary duty for every size and type of corporation.
 

Arbitrations

As the use of technology becomes prevalent in the workplace disputes between employers and employees about technology usage are bound to occur.  Many employers and employees are now using mediation and arbitration to resolve such disputes.

The Grand Valley State University arbitration web site is an excellent resource for those seeking to resolve an employment dispute involving E-HR issues.

Page last modified August 14, 2014